30 TAC 106 - Subchapter A General Requirements

This chapter identifies facilities or types of facilities
which the commission has determined will not make a significant
contribution of air contaminants to the atmosphere and pursuant to
the Texas Health and Safety Code, the Texas Clean Air Act (TCAA),
382.057, are exempt from the permit requirements of the TCAA,
382.0518.

106.2 Applicability

This chapter applies to facilities or types of facilities
listed in this chapter where construction is commenced on or after
the effective date of the relevant exemption.

106.4 Requirements for
Exemption from Permitting

(a) To qualify for an exemption, the following general
requirements must be met.

(1) Total actual emissions authorized under exemption from the
proposed facility shall not exceed 250 tons per year (tpy) of
carbon monoxide (CO) or nitrogen oxides (NOx); or 25 tpy of
volatile organic compounds (VOC) or sulfur dioxide (SO2) or
inhalable particulate matter (PM10); or 25 tpy of any other air
contaminant except carbon dioxide, water, nitrogen, methane,
ethane, hydrogen, and oxygen.

(2) Any facility or group of facilities, which constitutes a
new major stationary source, as defined in 116.12 of this title
(relating to Nonattainment Review Definitions), or any modification
which constitutes a major modification, as defined in 116.12 of
this title, under the new source review requirements of the Federal
Clean Air Act (FCAA), Part D (Nonattainment) as amended by the FCAA
Amendments of 1990, and regulations promulgated thereunder, must
meet the permitting requirements of Chapter 116, 30 TAC 106 -
Subchapter B of this title (relating to New Source Review Permits)
and cannot qualify for an exemption under this chapter. Persons
claiming an exemption under this chapter should see the
requirements of 116.150 of this title (relating to New Major Source
or Major Modification in Ozone Nonattainment Areas) to ensure that
any applicable netting requirements have been satisfied.

(3) Any facility or group of facilities, which constitutes a
new major stationary source, as defined in 40 Code of Federal
Regulations (CFR) 52.21, or any change which constitutes a major
modification, as defined in 40 CFR 52.21, under the new source
review requirements of the FCAA, Part C (Prevention of Significant
Deterioration) as amended by the FCAA Amendments of 1990, and
regulations promulgated thereunder, must meet the permitting
requirements of Chapter 116, 30 TAC 106 - Subchapter B of this
title and cannot qualify for an exemption under this chapter.

(4) Unless at least one facility at an account has been
subject to public notification and comment as required in Chapter
116, 30 TAC 106 - Subchapter B or 30 TAC 106 - Subchapter D of this
title (relating to New Source Review Permits or Permit Renewals),
total actual emissions from all exempted facilities at an account
shall not exceed 250 tpy of CO or NOx; or 25 tpy of VOC or SO2 or
PM10; or 25 tpy of any other air contaminant except carbon dioxide,
water, nitrogen, methane, ethane, hydrogen, and oxygen.

(5) Construction or modification of a facility commenced on or
after the effective date of a revision of this section or the
effective date of a revision to a specific exemption in this
chapter must meet the revised requirements to qualify for an
exemption.

(6) A proposed facility shall comply with all applicable
provisions of the FCAA, 111 (Federal New Source Performance
Standards) and 112 (Hazardous Air Pollutants), and the new source
review requirements of the FCAA, Part C and Part D and regulations
promulgated thereunder.

(7) There are no permits under the same Texas Natural Resource
Conservation Commission account number that contain a condition or
conditions precluding the use of a standard exemption or an
exemption under this chapter.

(b) No person shall circumvent by artificial limitations the
requirements of 116.110 of this title (relating to Applicability).

(c) The emissions from the facility shall comply with all
rules and regulations of the commission and with the intent of the
Texas Clean Air Act (TCAA), including protection of health and
property of the public, and all emissions control equipment shall
be maintained in good condition and operated properly during
operation of the facility.

(d) Facilities exempted by this chapter are not exempted from
any permits or registrations required by local air pollution
control agencies. Any such requirements must be in accordance with
TCAA, 382.113 and any other applicable law.

106.5 Public Notice

Facilities constructed under this chapter that consist of
permanently or temporarily located concrete plants that accomplish
wet batching, dry batching, or central mixing, or specialty wet
batch, concrete, mortar, grout mixing, or pre-cast concrete
products, shall conduct public notice of the proposed construction
unless exempted from public notice requirements by TCAA,
382.058(b). In all cases, public notice shall include the
information specified in paragraph (1)(A) and (B) of this section.

(1) Public notification procedures.

(A) Publication in public notices section of a newspaper. At
the applicant's expense, notice of intent to construct shall be
published in the public notice section of two successive issues of
a newspaper of general circulation in the municipality in which the
facility is located or is proposed to be located or in the
municipality nearest to the location or proposed location of the
facility. The notice shall contain the following information:

(i) application number;

(ii) company name;

(iii) type of facility;

(iv) description of the location of facility or proposed
location of the facility;

(v) contaminants to be emitted;

(vi) location and availability of copies of the completed
application;

(vii) public comment period;

(viii) procedure for submission of public comments concerning
the proposed construction;

(ix) notification that a person residing within 1/4 mile of
the proposed plant is an affected person who is entitled to request
a hearing in accordance with commission rules; and

(x) name, address, and phone number of the regional commission
office to be contacted for further information.

(B) Publication elsewhere in the newspaper. Another notice
with a size of at least 96.8 square centimeters (15 square inches)
and whose shortest dimension is at least 7.6 centimeters (three
inches) shall be published in a prominent location elsewhere in the
same issues of the newspaper and shall contain the information
specified in paragraph (1)(A)(i)-(iv) of this section and note that
additional information is contained in the notice published under
paragraph (1)(A) of this section in the public notice section of
the same issue.

(2) Comment procedures.

(A) Comment period. Interested persons may submit written
comments to the executive director, including requests for public
hearings under TCAA, 382.056, on the executive director's
preliminary decision to issue or not to issue the standard
exemption. All such comments and hearing requests must be received
in writing within 15 days of the last publication date of the
notices specified in paragraph (1)(A) and (B) of this section. Any
requests for a contested case hearing shall include a brief, but
specific, written statement of interest and basis for challenging
the application. Such statement shall convey in plain language the
requestor's location relative to the proposed facility, why the
requestor believes he or she will be affected by emissions from the
proposed facility, what the requestor's concerns are about the
emissions from the proposed facility, and how the requestor
believes emissions from the facility will affect him or her if
permitted. This statement shall not be used as the basis for denial
of party status in any contested case hearing. Party status
determinations will be made based on evidence developed at the
initial prehearing conferences.

(B) Consideration of comments. All written comments received
by the executive director during the period specified in
subparagraph (A) of this paragraph shall be considered in
determining whether to issue or not to issue the standard
exemption. The executive director shall make record of all comments
received together with the agency analysis of such comments
available for public inspection during normal business hours at the
Austin office of the commission and appropriate regional office.

106.6 Registration of
Emissions

(a) An owner or operator may certify and register the maximum
emission rates from facilities exempted under this chapter in order
to establish enforceable allowable emission rates which are below
the emission limitations in 106.4 of this title (relating to
Requirements for Exemption from Permitting).

(b) All representations with regard to construction plans,
operating procedures, and maximum emission rates in any certified
registration under this section become conditions upon which the
exempt facility shall be constructed and operated.

(c) It shall be unlawful for any person to vary from such
representation if the change will cause a change in the method of
control of emissions, the character of the emissions, or will
result in an increase in the discharge of the various emissions,
unless the certified registration is first revised.

(d) The certified registration must include documentation of
the basis of emission estimates and a written statement by the
registrant certifying that the maximum emission rates listed on the
registration reflect the reasonably anticipated maximums for
operation of the facility.

(e) The certified registration shall be maintained on-site and
be provided immediately upon request by representatives of the
Texas Natural Resource Conservation Commission or any air pollution
control agency having jurisdiction. If the plant site is unmanned,
the regional manager may authorize an alternative site to maintain
this documentation. Copies of the certified registration shall be
included in applications for permits subject to review under the
undesignated heads in Chapter 116, 30 TAC 106 - Subchapter B of
this title (relating to New Source Review Permits).